ANTI-TERRORISM ACT

to prohibit the carrying out of any act of terrorism; provide for measures for the detection and prevention of terrorist activities; and for matters connected with or incidental to the foregoing.

[12th September, 2007]

Act 21 of 2007,

Act 2 of 2015.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Anti-Terrorism Act.

2. Interpretation

(1) In this Act, unless the context otherwise requires—

“Anti-Corruption Commission” has the meaning assigned to it in the Anti-Corruption Commission Act;

"anti-terrorism officer" means a person appointed as such under section 4H;

[Ins by s 2(a ) of Act 2 of 2015.]

"apparatus" means any equipment, instrument, tool, implement or utensil used to commit or attempt to commit an act of terrorism;

[Ins by s 2(a ) of Act 2 of 2015.]

“Authorised officer” means—

(a) a police officer;

(b) a customs officer;

(d) an army officer;

(e) an intelligence officer;

(f) an officer from the Drug Enforcement Commission;

(g) an officer from the Anti-Corruption Commission; or

(h) any person appointed as such in writing by the Minister; and

“bank” has the meaning assigned to it in the Banking and Financial Services Act;

"Centre" means the National Anti-Terrorism Centre established under section 4A;

[Ins by s 2(a ) of Act 2 of 2015.]

"Committee" means the National Anti-Terrorism Committee established under section 4C;

[Ins by s 2(a ) of Act 2 of 2015.]

“customs officer” means an officer carrying out any functions under the Customs and Excise Act;

“Counter-Terrorism Convention” means any Convention listed in the Fifth Schedule to this Act

“declared terrorist organisation” has the meaning assigned to it in section 16;

"Director" means the person appointed Director under section 4G;

[Ins by s 2(a ) of Act 2 of 2015.]

“Drug Enforcement Commission” has the meaning assigned to it in the Narcotic Drugs and Psychotropic Substances Act;

“explosive” has the meaning assigned to it under the Explosives Act;

“financial institution” has the meaning assigned to it in the Banking and Financial Services Act;

“financial service provider” has the meaning assigned to it in the Banking and Financial Services Act;

“firearm” has the meaning assigned to it under the Firearms Act and includes an air gun or air pistol;

"funds" means—

(a) property applied or used for the commission or furtherance of, or in connection with, act of terrorism;

(b) the proceeds of the commission of acts of terrorism or of activities in furtherance of or in connection with such acts; or

(c) the property of a declared terrorist organisation, an entity owned or controlled directly or indirectly by a declared terrorist organisations or terrorist or a person or entity acting on behalf of, or at the direction of a terrorist organisation or of individual terrorist;

[Ins by s 2(a ) of Act 2 of 2015.]

“immigration officer” means an officer having functions under the immigration and Deportation Act;

“inland waters” means such waters as may be declared to be inland waters by the President under the Inland Waters Shipping Act;

“legal practitioner” has the meaning assigned to it in the Legal Practitioners Act;

“organisation” includes any association or combination of persons;

“police officer” has the meaning assigned to it in the Zambia Police Act;

“premises” includes a vehicle, an offshore installation, a tent or moveable structure;

“property” includes any real or personal property, money, things in action or other intangible or incorporeal property, whether located in Zambia or elsewhere, and property of corresponding value in the absence of the original illegally acquired property whose value has been determined;

[Subs by s 2(b ) of Act 2 of 2015.]

“record” includes—

(a ) a photographic record;

(b) an electronic or magnetic record; and

"reporting entity" has the meaning assigned to it in the Financial Intelligence Centre Act, 2010;

[Ins by s 2(a ) of Act 2 of 2015.]

“terrorism and terrorist act” means an act or omission in or outside Zambia and is intended, or by its nature and context, may reasonably be regarded as being intended to intimidate or threaten the public or a section of the public or compel a government or an international organisation to do, or refrain from doing, any act, and is made for the purpose of advancing a political, ideological or religious cause and which—

(a) constitutes an offence within the scope of a counter terrorism convention listed in the Fifth Schedule;

(b) causes or is intended to cause death or serious bodily harm to a person;

(d) endangers a person’s life;

(e) creates a serious risk to the health or safety of the public or a section of the public

(f) involves the use of firearms or explosives;

(g) involves the release into the environment or any part thereof or distributing or exposing the public or any part thereof to any dangerous, hazardous, radioactive, harmful substance, toxic chemical, microbial or other biological agent or toxin;

(h) is designed or intended to disrupt any computer system or the provision of services directly related to communications, infrastructure, banking or financial services, utilities, transportation or other essential infrastructure or services;

(i) is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services;

(j) causes serious risk to national security;

(k) causes damage to a vessel or is likely to endanger the safe navigation of any vessel on inland or international waters; and

(l) causes damage to any aircraft or airport, is intended to or is likely to cause damage to any air navigation facilities or endanger the safety and lives of persons and property, affect the operations of air services or undermine the confidence of the public in the safety of civil aviation; and

“vessel” includes a ship, fishing vessel and any water craft used or capable of being used as a means of transportation on water.

(2) In this Act, a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a declared terrorist organisation.

(3) Any protest, demonstration or stoppage of work shall not be considered as a terrorist act if the act is not intended to result in any serious bodily harm to a person, damage to property, endanger a person’s life or create a risk to human health or public safety; and

(4) A requirement imposed by or under this Act to produce or deliver up a record shall, in relation to an electronic or magnetic record, be construed as a requirement—

(a) where practicable, to produce or deliver up a disk from which the record is fully and freely accessible, by the use of a personal computer of a common variety, by the officer or person to whom the record is required to be produced or delivered up; or

(b) where it is not reasonably practicable—

(i) to allow an officer or person full and free access to the record using facilities of, or in the custody or under the control of, the person on whom the requirement is imposed; or

(ii) to produce or deliver up a documentary or a hard copy version of the record.

(5) A power conferred by or under this Act to inspect any record shall, in relation to an electronic or magnetic record, be construed as a power to require full and free access to the record using the facilities of the person having custody or control of the record, and any neglect or failure by that person to afford such access shall be deemed to constitute obstruction of the officer or person exercising the power.

(6) A power conferred by or under this Act to seize and retain a record includes, in relation to an electronic or magnetic record, a power to seize any computer, disk, tape or other thing on which the record is stored.

3. Jurisdiction of High Court

(1) Subject to the other provisions of this Act, the High Court has jurisdiction to try any offences under this Act.

(2) Any person who commits an offence outside Zambia is deemed to have committed that offence in Zambia if—

(a) that person is a Zambian citizen;

(b) that person is not a Zambian citizen but is ordinarily resident in Zambia;

(d) that person has committed the offence against a Zambian citizen or against a person who is ordinarily resident in Zambia.

4. Non-application of section 26(2) of Penal Code

Sub-section (2) of section 26 of the Penal Code does not apply to this Act.

PART lA
THE NATIONAL ANTI-TERRORISM CENTRE

[Part IA ins by s 3 of Act 2 of 2015.]

4A. Establishment of National Anti-Terrorism Centre

(1) There is established the National Anti-Terrorism Centre which shall be responsible for the enforcement of this Act.

(2) The Centre shall be a unit based in the Ministry responsible for internal security and shall be under the control and supervision of the Minister responsible for internal security.

(3) The expenses of the Centre shall be charged upon and issued out of the general revenues for the Republic.

[S 4A ins by s 3 of Act 2 of 2015.]

4B. Functions of Centre

(1) The Centre shall coordinate the detection, response to, mitigation and investigation of, terrorist incidents and threats to internal security.

(2) Without prejudice to the generality of sub-section (1), the functions of the Centre are to—

(a) draw up plans and coordinate actions for counter terrorism;

(b) integrate and analyse intelligence pertaining to terrorism;

(c) maintain a database of known and suspected terrorists and terror groups, their networks, goals, strategies, capabilities, support and other relevant information;

(d) provide law enforcement agencies access to the intelligence support necessary to execute counter-terrorism plans and accomplish their assigned tasks;

(e) coordinate with investigation and intelligence agencies to ensure effective detection and prosecution of terrorism;

(f) prepare regular threat assessment reviews and disseminate them to the appropriate levels in the Government;

(g) develop and promote the adoption of best practices for coordination of law enforcement agencies, government institutions and the general public in combatting of terrorism;

(h) enhance the State's capacity to—

(i) prevent the creation of safe havens for terrorists;

(ii) detect chemical, biological, radioactive or nuclear materials;

(iii) search, confiscate and establish safe control of chemical, biological, radioactive or nuclear materials;

(iv) account for, control and provide physical protection of chemical, biological, radioactive or nuclear materials;

(v) provide security of civilian and non-civilian institutions from chemical, biological, radioactive or nuclear threats;

(vi) respond to, mitigate and investigate chemical, biological, radioactive or nuclear incidents;

(vii) facilitate national, regional and global sharing of information for countering terrorism; and

(viii) ensure ratification and implementation of international conventions on terrorism;

(i) provide centralised services to law enforcement agencies, Government institutions and the general public in matters of internal security or public interest in the following—

(i) forensic criminal investigations;

(ii) scene of crime investigations;

(iii) forensic accounting investigations;

(iv) visual technical surveillance of public places to help in investigations of crime;

(v) laboratory analysis of chemical, biological, radioactive and nuclear materials, whether connected to crime or not; and

(vi) maintenance of criminal records and a general national database; and

(j) facilitate or recommend appropriate training of security and defence personnel in countering terrorism.

[S 4B ins by s 3 of Act 2 of 2015.]

4C. National Anti-Terrorism Committee

(1) There is established the National Anti-Terrorism Committee which shall consist of the following members appointed by the President—

(a) the Director-General of the Zambia Security Intelligence Service, who shall be the Chairperson;

(b) the Inspector-General of Police, who shall be the Vice-Chairperson; and

(i) the Zambia Army;

(ii) the Zambia Air Force;

(iii) the Zambia National Service;

(iv) the Immigration Department; and

(v) any other relevant institution as the President considers necessary for purposes of this Act.

(2) A person shall not be nominated or appointed as a member of the Committee if that person—

(a) is not a citizen of Zambia;

(b) has physical or mental disability that makes the person incapable of discharging the functions of office;

(d) is a Member of Parliament or an officer or employee of a local authority; or

(e) is an office bearer or employee of a political party.

(3) The Director shall be the Secretary to the Committee.

[S 4C ins by s 3 of Act 2 of 2015.]

4D. Functions of Committee

Subject to the other provisions of this Act, the functions of the Committee are to—

(a) give general or specific policy directives to the Centre regarding obligations and measures to be taken in the detection, prevention and deterrence of the commission of terrorist acts; and

(b) perform such other functions as are necessary to give effect to this Act.

[S 4D ins by s 3 of Act 2 of 2015.]

4E. Sub-committees

(1) The Committee may, for the purpose of performing its functions under this Act, constitute any sub-committee and delegate to the sub-committee such of its function as it thinks fit.

(2) The Committee may appoint, as members of a sub-committee constituted under sub-section (1), persons who are or are not members of the Committee and such persons shall hold office for such period as the Committee may determine.

(3) A sub-committee may regulate its own procedure.

[S 4E ins by s 3 of Act 2 of 2015.]

4F. Delegation of functions of Committee

The Committee may, by direction, in writing, and subject to such terms and conditions as it considers necessary, delegate any of the functions of the Committee to the Director, a member or sub-committee.

[S 4F ins by s 3 of Act 2 of 2015.]

4G. Director and other staff

(1) The Public Service Commission shall appoint, a a public officer, the Director of the Centre.

(2) The Director shall, subject to the general or specific direction of the Committee—

(a) be responsible for the administration of the Centre;

(b) be responsible to the Committee for matters concerning the Centre;

(d) exercise the function conferred or imposed upon the Director by or under this Act.

(3) There shall be appointed by the Public Service Commission such other officers as shall be necessary to assist the Director in the performance of the Director's functions under this Act.

(4) An officer may be seconded to the Centre from—

(a) the Zambia Army:

(b) the Zambia Air Force;

(d) the Zambia National Service;

(e) the Drug Enforcement Commission;

(f) the Customs Division of the Zambia Revenue Authority; or

(g) the Public Service.

(5) Any function conferred by or under this Act on the Director may be performed by any person acting as Director if the Director is unable to perform any function due to any cause.

(6) The Director may issue orders and instructions for the general administration of the Centre in relation to duties, distribution, inspection, transfer, training, arms, clothing, equipment, transport and place of residence and such other orders necessary to promote efficiency and discipline of the Centre.

(7) The command and control of the Centre in any place or area shall vest in the authorised officer who is appointed by the Director to be in charge of the Centre in that place or area.

(8) The Director may request specialised agencies in law enforcement, intelligence, internal security to second killed staff to work at the Centre.

[S 4G ins by s 3 of Act 2 of 2015.]

4H. Anti-terrorism officers

(1) The Committee shall, in order to ensure compliance with the provisions of this Act, appoint such anti-terrorism officers as may be necessary for that purpose.

(2) An anti-terrorism officer shall be provided with a certificate of appointment which shall be prima facie evidence of the anti-terrorism officer's appointment as such.

(3) An anti-terrorism officer or authorised officer carrying out any functions under this Act shall, on demand by any person who is affected by the exercise of power by the anti-terrorism officer, produce for inspection the certificate referred to in sub-section (2).

(4) An anti-terrorism officer shall have the power, on production of the certificate of appointment issued under sub-section (2), to demand the production of, and to inspect or make copies of any documents or accounts kept by a person, pursuant to the provisions of this Act.

(5) An anti-terrorism officer may, upon probable cause shown on oath to a magistrate court, obtain a warrant to enter upon and search or examine the premises prescribed in the warrant in order to ascertain whether an offence is being or has been committed in such premises and shall have the power to make such examination, inspection and inquiry and do such things as the anti-terrorism officer may consider necessary for ascertaining whether or not the provisions of this Act are being complied with.

(6) All books, records and documents required to be kept by a person under any written law shall be open to inspection at all reasonable times by an anti-terrorism officer or authorised officer.

(7) An anti-terrorism officer or an authorised officer may seize—

(a) an apparatus which the anti-terrorism officer or police officer has reasonable cause to believe is being used by, or is in the possession of, or under the control of, a person in contravention of this Act; and

(b) any book, record or document which the anti-terrorism officer or an authorised officer has reasonable cause to suspect will afford evidence of the commission of an offence under this Act.

(8) An anti-terrorism officer may order a person to cease using, pending inquiry by the Centre, an apparatus which is being operated in contravention of this Act.

(9) A person who obstructs or hinders an anti-terrorism officer or an authorised officer in the exercise of any powers under this Act or who neglects or fails to comply with an order commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both.

[S 4H ins by s 3 of Act 2 of 2015.]

4I. Powers of anti-terrorism officers

(1) An anti-terrorism officer shall, in the exercise of a function and performance of a duty, have all the powers conferred on a police officer or authorised officer by or under this Act, the Preservation of Public Security Act and the State Security Act.

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